Terms and Waiver

Updated July 5, 2024

TERMS OF USE

The following terms ("Terms of Use") constitute an agreement between Cole Natural Health Centers, LLC ("CNHC"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the websites administered by CNHC ("Websites"), located at www.drwillcole.com and www.community.drwillcole.com.

Your payment constitutes your acceptance of, and agreement to, the following Terms of Use. CNHC reserves the right to modify, alter, amend, or update its Websites, policies, and these Terms of Use. By purchasing The Metabolic Recharge, you are agreeing to the following terms:

PURCHASE POLICY

On the Websites, you may purchase physical products created by CNHC (the “Physical Products”).

On the Websites, you may purchase downloadable digital products created by Cole Natural Health Centers, including various health programs (collectively, the "Digital Products"). The Digital Products are delivered in electronic format.

On the Websites, you may enroll for an ongoing membership in the Cole Natural Health Centers Metabolic Lifestyle Subscription, which is delivered electronically and billed on a monthly basis (“Metabolic Lifestyle Subscription”).

Physical Products, Digital Products, and the Metabolic Lifestyle Subscription are referred to collectively herein as the “Products.”

THE METABOLIC RECHARGE 

On the Websites, you may purchase enrollment in various health programs (“The Metabolic Recharge”). This initial purchase provides you with access to The Metabolic Recharge for thirty (30) days. After the conclusion of the program, you will no longer have access to the portal or The Metabolic Recharge Materials.

METABOLIC LIFESTYLE SUBSCRIPTION

On the Websites, you may purchase enrollment in the Metabolic Lifestyle Subscription. To enroll in the Metabolic Lifestyle Subscription, you must first complete The Metabolic Recharge. The Metabolic Lifestyle Subscription is a monthly $97 fee. Please note: you must enroll in the Metabolic Lifestyle Subscription, which is a monthly recurring membership.

After you have enrolled in the Metabolic Lifestyle Subscription, no refunds will be authorized after the monthly fee has been charged. To avoid incurring additional fees, you must cancel your membership 14 days or more prior to the next billing date. To cancel, email customercare@drwillcole.com and request cancellation.  Upon cancellation, your access to the Metabolic Lifestyle Subscription will be disabled at the expiration of the period for which you have already paid.

THE METABOLIC RECHARGE START DATE. Patient’s time within the program and group class will take place over a 30-day period. Once payment has been properly received by the Clinic in full, the Clinic will deliver the program to Patient as prescribed (“Start Date”). Patient understands and agrees that the program and selected services shall not be delivered to Patient until he/she has paid for the program and selected services in full.

REFUND POLICY

There are no refunds available for any products or services, including The Metabolic Recharge, Metabolic Lifestyle Subscription, supplements, dietary products, testing fees, appointment fees, access to programs and program materials, and all other products or services purchased whether or not redeemed or used by the Patient. Requests to withdraw from programming must be submitted in writing to email: customercare@drwillcole.com.

Patient has chosen the recommended group class presented to him/her. Patient agrees to take on all responsibilities of payment and future payments subject to the terms and conditions of this Agreement. The Clinic’s proprietary group plan information begins the same day that Patient is accepted and opted into the group class. Patient understands and agrees that all payments made reflect the commodities and proprietary information presented now and throughout the program at retail price. Therefore, if Patient decides to cancel for any reason or a situation should arise which leads him/her to withdraw at any time, Patient acknowledges and agrees that all payments are nonrefundable. This non-refundable policy extends to all programs, products, and services, including but not limited to supplements, dietary products, testing fees, appointment fees, access to programs and program materials, and all other products or services purchased whether or not redeemed or used by Patient, no exceptions. Patient understands and agrees that once payment has been delivered and access to the program issued, there is no rescission of this Agreement and no refund will be made for any reason.

Requests to withdraw from programming must be submitted in writing to customercare@drwillcole.com.

METABOLIC LIFESTYLE SUBSCRIPTION

On the Websites, you may purchase enrollment in the Metabolic Lifestyle Subscription. To enroll in the Metabolic Lifestyle Subscription, you must first complete The Metabolic Recharge. The Metabolic Lifestyle Subscription is a monthly $97 fee. Please note: you must enroll in the Metabolic Lifestyle Subscription, which is a monthly recurring membership.

After you have enrolled in the Metabolic Lifestyle Subscription, no refunds will be authorized after the monthly fee has been charged. To avoid incurring additional fees, you must cancel your membership 14 days or more prior to the next billing date. To cancel, email customercare@drwillcole.com and request cancellation.  Upon cancellation, your access to the Metabolic Lifestyle Subscription will be disabled at the expiration of the period for which you have already paid.

LICENSE FOR USE OF PRODUCTS

All Products available for sale on the Websites, including Digital Products, were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. This includes all resources provided within the Products, such as meal plans, challenges, or workouts.

YOUR MEMBERSHIP AND ACCESS TO THE METABOLIC RECHARGE MATERIALS 

To access The Metabolic Recharge or Metabolic Lifestyle Subscription, you will receive an email with instructions on how to sign in and access the Cole Natural Health Centers Portal, as well as instructions to download and use the Cole Natural Health Centers App. This login is personal to you only. Sharing your login information is strictly prohibited.

Please note that your purchase is not for lifetime access to the materials from The Metabolic Recharge or the Metabolic Lifestyle Subscription. Upon conclusion of The Metabolic Recharge, your access to The Metabolic Recharge materials and portal will be revoked. Your access to the Metabolic Lifestyle Subscription will be revoked upon expiration of the period for which you have already paid.

YOUR RESPONSIBILITY 

The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. CNHC makes no representations, warranties, or guarantees. You understand that results may vary from person to person. CNHC assumes no responsibility for errors or omissions that may appear on the Websites.

MATERIAL INDUCEMENT AND CONSIDERATION. The Parties acknowledge and agree that Patient entering into this Agreement with the Clinic, and Patient’s covenants and agreements herein are a material inducement to the Clinic entering into this Agreement and providing the services contemplated hereunder, and the Clinic’s doing so constitutes valuable consideration to Patient.

NO GUARANTEE. Each individual responds to lifestyle and dietary changes differently. Accordingly, Patient acknowledges and agrees that no representation, warranty, guarantee, or assurance has been made to him/her as to the results Patient will experience or achieve, or the physical response Patient’s body will have as a result of Patient’s time in this program and group class. Patient acknowledges, understands, and agrees that the program and group class may not improve Patient’s condition. While the Clinic’s success rate with helping others has been excellent, each person’s success is individual and depends on many factors, including but not limited to his or her willingness to do the work, get the necessary support needed, and his or her desire to succeed. The Clinic’s entire staff has been uniquely trained to assist with education and support during group classes. However, the training of the Clinic’s staff is limited, and sometimes outside doctors and/or trained personnel may be necessary to assist Patient in his/her own unique condition, progress, and success. By agreeing to these terms, Patient agrees to assume 100% responsibility for his/her own body’s unique condition, response, and results in this program and group class.

REQUIRED DECORUM. All participants are required to maintain a positive, non-hostile attitude towards other participants, coaching staff, and doctors. The Clinic reserves the right to remove Patient from the program and group class, with no refund should Patient verbally harass, create an unstable environment or be unproductive in other’s health journey and the group environment. The Clinic does, however, encourage Patient to contact the Clinic with any concerns or questions.

INSURANCE. Insurance is not applicable for group care plans. The Clinic will not submit any billing information to Patient’s insurance on his/her behalf, no labs will be run through insurance, and no superbills will be put together for Patient. By agreeing to these terms, Patient agrees to assume all responsibility for payments due to the Clinic.

NON-DISCLOSURE. By agreeing to these terms, Patient agrees not to copy, disseminate, infringe upon and/or disclose any group class participants’ information or the Clinic’s copyright, patent, trademark, trade secret, or any other proprietary and/or intellectual property rights (“Confidential Information”). Patient acknowledges and agrees that any Confidential Information shared by group class participants or any representative of the Clinic is confidential and proprietary, and belongs solely and exclusively to the Clinic. Patient further agrees not to disclose such Confidential Information to any other person or third party, or use it in any manner other than in discussion with other group class participants during group class sessions.

PROPRIETARY INFORMATION. By agreeing to these terms, Patient further acknowledges and agrees that all materials and information provided to him/her by the Clinic are the Clinic’s confidential and proprietary intellectual property belonging solely and exclusively to the Clinic, and may only be used by Patient as authorized by the Clinic (“Clinic’s Proprietary Information”). The reproduction, distribution, and/or sale of the Clinic’s Proprietary Information by anyone, except the Clinic, is strictly prohibited and will subject Patient to liability. Further, by agreeing to these terms, Patient agrees that, if he/she violates, or displays any likelihood of violating any of Patient’s agreements contained in this Paragraph, the Clinic shall be entitled to all applicable damages under the law and injunctive relief to prohibit any such violation or threatened violation to protect against the harm of such violations.

FORUM AND GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania.

ARBITRATION CLAUSE. Any dispute, controversy, or claim between Patient and the Clinic regarding this Agreement will be submitted to mandatory and binding arbitration under the terms of the rules of the American Arbitration Association as then in effect. All claims must be brought in the Party’s individual capacity and not as a class member in any purported class or representative proceeding. Arbitration proceedings shall be heard in Allegheny County, Pennsylvania by a single arbitrator serving at the mutual designation of the Parties and each Party shall be solely responsible for their own attorney’s fees in connection with said arbitration. Any issue concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or parts of these procedures are invalid or unenforceable, will be governed by the Federal Arbitration Act. All aspects of the arbitration will be confidential. Any arbitration award shall not include exemplary or punitive damages. The arbitration award will be final and binding on the parties and may be entered in any court having jurisdiction. The parties waive any right to file, join, or benefit from any class action against each other.

LIMITATION OF LIABILITY. While every effort is made to ensure the accuracy and effectiveness of the program and group class, the Clinic shall not be responsible for any personal injury, loss, claim, or damage of any kind resulting from, arising out of, or in any way related to the program or group class to the extent permitted by law. The parties agree that their maximum liability to each other shall be limited to the total amount of money due and payable pursuant to this Agreement.

REPRESENTATIONS AND WARRANTIES. By agreeing to these terms, Patient represents that he/she has read and fully understand this Agreement. Patient should not agree to these terms unless all items, including any questions, have been explained and answered to his/her satisfaction, or if Patient does not understand any of the terms or words contained herein. By agreeing to these terms, Patient further acknowledges, represents and warrants to the Clinic that payment for the program and group class plan will not place a significant financial burden on him/her or his/her family.

NO WAIVER. No failure by the Clinic to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, duty, agreement or condition.